American Vision Partners faces $1.75M settlement over 2023 cyber attack

American Vision Partners has agreed to pay $1.75 million to settle a class action lawsuit related to a 2023 data breach that exposed the personal information of approximately 1.6 million people.

In March 2024, American Vision Partners disclosed a cyber security incident in which threat actors gained unauthorised access to its internal network on November 14, 2023 and stole sensitive information. An investigation determined that the breach affected 1.6 million individuals, exposing personal and medical information such as names, contact information, dates of birth, Social Security numbers, services received details, clinical records, medications and insurance information.

A class action lawsuit was brought against American Vision Partners in the U.S. District Court for the District of Arizona. The lawsuit claims that the healthcare provider failed to maintain adequate data security measures and properly protect the personal information in its possession.

Although American Vision Partners denied any misconduct or negligence, the parties agreed to resolve the lawsuit through a settlement to avoid the expenses and uncertainties of ongoing litigation and provide Class members with compensation and other benefits available under the agreement.

Under the proposed settlement, American Vision Partners will establish a $ 1.75 settlement fund to compensate eligible class members and cover credit monitoring, documented losses, attorneys’ fees, administration costs, and service awards.

Eligible class members may claim a pro rata cash payment and reimbursement of up to $3,000 for documented out-of-pocket losses reasonably linked to the Data Incident, including fraud or identity theft losses, professional fees, credit monitoring, credit-freezing costs, and certain miscellaneous expenses. Claims must include supporting documentation and an attestation confirming the losses resulted from the Data Incident; self-prepared documents alone are insufficient.

The proposed settlement has been granted preliminary approval by the court but has not yet become final. A final approval hearing is scheduled for December 14, when the court will decide whether to approve the settlement.